Читать книгу Privacy and Data Protection based on the GDPR - Leo Besemer - Страница 14

In the aftermath of World War II, a strong need was felt for European co-operation. Many pro-European movements actively promoted the establishment of an organization that would prevent a return to totalitarian regimes and would defend fundamental freedoms, peace and democracy. On 5 May 1949, the Council of Europe was founded in London. Its aim, according to Article 1 of its statute, is “to achieve a greater unity between its Members for the purpose of safeguarding and realizing the ideals and principles which are their common heritage and facilitating their economic and social progress”. An important role of the Council of Europe is to promote human rights through international conventions. One of the first of these was the Convention for the Protection of Human Rights and Fundamental Freedoms, better known as the European Convention on Human Rights (ECHR), which entered into force on 3 September 1953.

Figure 1.1 COE logo

From the original ten members in 1949, today the Council has grown to 47 members, including all members of the European Union. The map in Figure 1.2 shows the current Member States of the Council of Europe.

Figure 1.2 Council of Europe Member States.

Note that Belarus is not a member, because the country does not meet the human rights and democratic standards of the Council. In particular, it will have to abolish the death penalty if it wants to join.

The ECHR is important because of the scope of fundamental freedoms it protects. These include the right to life, prohibition of torture, prohibition of slavery and forced labor, the right to liberty and security, the right to a fair trial, no punishment without law, the right to respect for private and family life, freedom of thought, conscience and religion, freedom of expression, freedom of assembly and association, the right to marry, the right to an effective remedy and the prohibition of discrimination.

With regard to privacy and data protection, the ECHR includes the text of the UDHR:

1. Everyone has the right to respect for his private and family life, his home and his correspondence.

2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

ECHR Article 8

In the ECHR, just as in the ICCPR, this protection of the rights of individuals is not absolute. There may be lawful reasons of public interest for governments to breach an individual’s right to privacy. Just as the UDHR does, the ECHR recognizes that there is a need to balance the rights of individuals with justifiable interferences with these rights.

The importance of this text as a part the European Convention is that it is now part of a treaty to uphold human rights throughout the Member States of the Council of Europe. New members of the Council are expected to ratify the ECHR and other Council of Europe treaties at their earliest opportunity. The ECHR is also a significant and powerful legal instrument because it is enforced by the European Court of Human Rights. The rulings of the Court are binding on the Member States concerned.